Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 129

129 Summons or warrant for contravention of multiple orders made by courts of different jurisdictions

(1) If an offender is the subject of community based orders made by courts of different jurisdictions, a justice, to whom it is made to appear by complaint by an authorised corrective services officer, or a person authorised for this section by the chief executive (corrective services), that the offender has committed an offence against section 123 (1) , may issue a summons requiring the offender to appear before a court.

(2) If—

(a) a complaint under subsection (1) is in writing and on oath; and

(b) the justice is satisfied that the offender will not appear in answer to a summons;

the justice may instead of issuing a summons, issue a warrant directed to all police officers to arrest the offender and bring the offender before the court of highest jurisdiction.

(3) The court mentioned in subsection (1) or (2) may be—

(a) the court that made the community based order; or

(b) a Magistrates Court.

(4) In exercising a discretion under subsection (1) or (2) , the justice must have regard to—

(a) the way in which the offender has contravened a requirement of the community based order; and

(b) the original offence concerned; and

(c) whether the authorised corrective services officer intends to recommend to the court before which the offender appears, or is brought, if the offender is convicted, that the offender be dealt with as if the offender had just been convicted of the offence for which the community based order was made.

(5) If a summons or warrant is issued, the complainant must immediately forward the complaint to the court before which the offender is required or directed to appear or to be brought under the summons or warrant.